The Content on this website is for Ontario only. Note that new rules introduced in 2019 allows you to take 5 weeks of standard parental leave without affecting your spouse’s maximum of 35 weeks which is why there’s a limit of 40 weeks total. An employee who has a miscarriage or stillbirth, or whose spouse or same-sex partner has a miscarriage or stillbirth is not eligible for Parental Leave. These benefits can be shared, but you must choose between standard parental benefits or extended parental benefits. A further 35 weeks of parental benefits are available to biological, adoptive, or legally recognized parents. You are also allowed to take parental leave which is an additional 35 weeks. Just as employers are prohibited from terminating employees because of Parental Leave, it is forbidden to treat an employee any different for taking Parental Leave in Ontario. However, if a mother has a miscarriage or stillbirth within the 17- week period preceding the due date, she is eligible for Pregnancy Leave. (1 Year) Many Parents believed in Justin Trudeau’s Promise & voted for him, are now planning for their leave. For those who are taking parental leave, you have two options that pay different sums. I see you can take 12 months or up to 18. See more at the Canadian Human Rights Commission. You cannot receive these benefits more than 17 weeks after your due date or the date you gave birth, whichever is later. Mat leave if 17 weeks. For example, your employer might top up your pay up to 80% of your income. For an example mine top up to 90% of my pay for 17 weeks. Maternity and parental leave is distributed as Employment Insurance through Service Canada (the federal government) so it is the same across the country. This gives you a weekly pay of up to $344. As soon as you stop working, you’ll want to apply for maternity leave in Ontario. Maternity leave gives expectant mothers the opportunity to take unpaid leave from work, without the fear of job loss. You get 17 weeks of maternity leave (only 15 are paid though) at the start, paid at 55% of your wage, to a max of 543$/week. An employer is free to terminate an employee on Parental Leave like any other employee so long as the reason for the termination is unrelated to the Parental Leave. Ontario’s Employment Standards Act (ESA) states the requirements for maternity leave, using the terms “pregnancy leave” and “parental leave”. Maternity benefits. All parents are eligible, as long as you have at least 600 hours of work under the Employment Insurance system during the previous 52 weeks. However, no parent can exceed 35 weeks of benefits. Read more about Pregnancy Leave in Ontario. For an example mine top up to 90% of my pay for 17 weeks. The employer may agree to a longer maternity leave if the employee requests it. If you choose to take extended parental leave, your pay is 33% of your insurable income for up to 69 weeks. These can be shared between two parents. How long have you decided to take maternity leave? If a mom decided to take 18 months maternity (extended) mat leave/ei paid only for 12 months? It's 55% of your pay up until a certain maximum - so if you earn more, you may receive less than 55%. Jobs: An employee’s job is protected for when they return from Parental Leave. The Employment Standards Act, 2000 (Ontario) says that employees in Ontario must tell their employer they are taking Parental Leave two weeks in advance. Yes, Parents can take Parental Leave at the same time. You also have the choice to take parental leave at the same time as your partner or one after another. Telling an Employer You are Going on Parental Leave. Do both Parents Qualify for Parental Leave in Ontario? Who Qualifies for Parental Leave in Ontario? If your banking information is set up with your CRA account, then the money you’re entitled to will be directly deposited into your account. Maternity Leave Canada 2018 Moreover, to qualify for Parental Leave in Ontario, it does not matter whether the parent works full-time, part-time, permanent or on a fixed-term contract. When can Parental Leave in Individuals may apply for EI here. Otherwise, they have to contribute to these benefit plans over the Parental Leave period. So in total you will receive 52 weeks. Dental benefits. In Ontario, the Employment Standards Act provides for pregnancy leave, for up to 17 weeks without pay. When I had my first little one I was an LTO teacher so I went on regular benefits. Parental benefits However, it is advised for professional reasons to tell the employer about the Parental Leave soon as the parent has a reasonable opportunity once they have settled in at home with the baby. In Ontario, maternity leave under the ESA is generally broken up into 2 leaves: a pregnancy leave and a parental leave. This article will demystify leaves of absence, vacation days and paid time off for you are entitled to as an employee*. In Ontario, a parent can be a woman, man or non-binary person. A birth mother can take both pregnancy and parental leave. What Happens if Employer Terminates an Employee on Parental Leave, Adverse Treatment Before or After Parental Leave, Miscarriages and Stillbirths and Parental Leave, up to 40 weeks, but one parent cannot receive more than 35 weeks of standard benefits, up to 69 weeks, but one parent cannot receive more than 61 weeks of extended benefits, Birth Mother who did not take Pregnancy Leave, a person with whom a child is placed for adoption; or. Maternity leave is 17 weeks and Paternity leave is 35 weeks for a 12 month mat leave. Salary top-up for maternity and parental leave. Employees on Parental Leave are not bullet proof. Each parent gets their own 63 weeks of Parental Leave. By law, upon the conclusion of an employee’s Parental Leave, the employer shall reinstate the employee to the position the employee most recently held with the employer, if it still exists, or to a comparable position, if it does not. Parental benefits Maternity Benefit: You should apply for Maternity Benefit to the Maternity Benefit Section of the DEASP at least 6 weeks before you intend to go on maternity leave.See ‘Where to apply’ below. In Ontario, maternity leave under the ESA is generally broken up into 2 leaves: a pregnancy leave and a parental leave. To find out when your EI payments end, check your My Service Canada Account. (1 Year) Maternity & Parental Leave Parental and maternity leave are regulated and protected under the Employment Standards Act. Standard parental benefits will allow you to receive 55% of your insurable income for up to 40 weeks. Just follow these steps: If your application is approved, you’ll get your first payment about four weeks after you applied. They often include a right of reinstatement for an employee on an approved leave. Parental leave is for biological fathers and adoptive parents and provides benefits for a maximum of 8 weeks. This totals 52 weeks. Maternity leave in Canada is available for a maximum of 15 weeks. In Ontario, the Employment Standards Act provides for pregnancy leave, for up to 17 weeks without pay. All the different kinds of employees get Parental Leave in Ontario. I'm slightly confused about the terms because people seem to use them interchangeably and I got the impression from the government website that maternity leave is separate from parental leave even for women. That said, those who take standard parental benefits and return to work after 12 months where they can earn their full salary, often come out with more money than those who take the extended leave. As this type of leave is unpaid, it is also worthwhile speaking with your employer about whether you qualify for a top-up. All parents may choose to end the leave early. For a 12 month leave, employment insurance will pay you 55 per cent of your average insurable weekly earnings if you qualify. Nevertheless, this is a challenge for employers to prove, especially if the employee on Parental Leave is the only one terminated. I’m a new teacher with a permanent position and this is my second pregnancy. Talk to your employer and find out how much money you’ll get from maternity and parental leave benefits while you’re on leave. Parental Leave is 63 weeks and must be taken after the baby is born. In addition, content may be out of date. Remember, no one parent can exceed 35 weeks of maternity leave pay in Ontario. How long have you decided to take maternity leave? 1. Leading employers usually pay full salary and bonus over the first several months of the Parental Leave period in an effort to attract top candidates. You can take this time off work from full-time, casual or part-time employment, no matter how long you have been working for your employer. In addition, you need to meet the following criteria: As long as you have a valid social insurance number, you may be eligible for maternity and parental benefits. Effective December 3, 2017, the 15 weeks can start as early as 12 weeks before the expected date of birth, and can end as late as 17 weeks after the actual date of birth. Promotional The government likes to think of this as a deductible. However, an employee may tell the employer when they plan to return, and, if the employee changes his or her mind, he or she may give notice to come back earlier or later as discussed below. We would be happy to analyze your situation, and it is confidential. In other words, birth mothers who took a Pregnancy Leave get two less weeks of Parental Leave. What is Maternity Leave in Ontario? They’re similar, but there are a few minor differences that you need to be aware of as it’ll affect how much money you’ll get. The employee may spread the maternity leave before or after the date of delivery as she wishes. Maternity leave in Ontario – Maternity leave benefits only apply to people who are away from work because they’re pregnant or have just given birth. New and expecting parents have the right to take unpaid time off work and to return to the same job once their leave of absence is over. Keep in mind that once you start getting your parental benefits, you can’t change options. Pregnancy leave is for birth mothers only and provides benefits for a maximum of 9 weeks. You meet the minimum earned income amount during the previous calendar year before you apply for benefits. Do not delay your application! Not every employer offers this, so check with yours to see what you’re entitled to. Yes, employees accrue Vacation Time over Parental Leave in Ontario. I would check with your employer because some employers "top- up" your pay for maternity leave. That works out to a total of up to $573 a week. Relevance. However, employers are free to pay any amount to employees for all or a portion of the the Parental Leave period. You can claim maternity leave benefits for up to 15 weeks, but parents cannot share these benefits. The cost of raising a child in Canada is not cheap. Maternity and parental benefits are also fully taxable. Vous utilisez un navigateur désuet qui n’est plus accepté par Ontario.ca. Maternity leave in Canada is available for a maximum of 15 weeks. Do you think that the employment insurance will be sufficient to handle expenses? The total of maternity leave and both parents' parental leave is 86 weeks. Contacting us or reading this website does not create a lawyer/client relationship. This article is about the leave of absence from work parents in Ontario take when they have children called Parental Leave. However, due to COVID-19, standard parental benefits will pay at least $500 per week. Employees who do not take pregnancy leave are entitled to 63 weeks off. Do employees get paid when on leave? Employment contracts or term employment should not be ended early because of pregnancy or the intention to take maternity leave. Maternity benefits. Employers aren’t required to pay you during either of these leaves, unless they’ve agreed to do so through your employment contract, their internal policies or otherwise. The 12 Month Maternity Leave in Canada The 12-month maternity leave/ parental leave is also called standard parental benefits. Maternity leave and EI payments are federal. Ontario begin? Parents will be able stretch out their leave for 18 months – up from one year. At the same time, the news of becoming pregnant brings it with a plethora of concerns for soon-to-be parents. ... Ontario’s 1st COVID-19 Vaccines Go To Toronto Health-Care Workers. a person who is in a relationship of some permanence with a parent of a child and who intends to treat the child as his or her own. I do know we have 18 months now, woohoo! Very few employees and employers in Ontario in niche industries like air travel and railroads are regulated by the federal government, so the Employment Standards Act, 2000 and the Ontario Parental Leave standards discussed below do not apply to them. It's a simple question with a somewhat complicated legal answer BY HRD 04 Jan 2018 Favorite Answer. When it comes to extended parental leave in Ontario, parents get up to 69 weeks of benefits, but no parent can exceed 61 weeks of benefits. When have you decided to start your maternity leave? In fact, Parental Leave entitlements are not combined at all. Was wondering if anyone can help me. If the reason for the termination was even 1% related to the Parental Leave, it will be a discriminatory termination. Since parental leave can follow maternity leave, you can apply for both benefits at the same time. Extended leave gets you at least $300 per week. Keep in mind that there is a one week period where you won’t be paid which is referred to as the waiting period. For example, an employer must pay for pension plans, life insurance plans, accidental death plans, extended health plans, dental plans and any prescribed type of benefit plan for employees who go on Parental Leave over the whole leave period. Nothing on this website is legal advice and no content on this website is intended as legal advice. Pregnancy Leave and Parental Leave. The Ontario government runs the Parental Leave scheme and the federal government runs the EI scheme. Enter your email address to subscribe to this blog and receive notifications of new posts by email. The maximum amount of EI benefits you are entitled to is the same when it comes to standard and extended parental leave. For 2020, you need to have earned at least $7,279 in 2019. Maternity leave Ontario, Canada: Dear ladies in Canada/Ontario, 1. To qualify for maternity leave and parental leave benefits in Ontario, you need to meet the following criteria: While the above criteria are straightforward, you can always speak to a Service Canada representative to find out if you’re eligible. If you have enough social insurance (PRSI) contributions, you are entitled to Maternity Benefit (including self-employed). Maternity and parental benefits will help, but be sure to get a hold of your finances as you’ll likely be spending a small fortune on your child for the next 20 years. However, the total duration of the maternity and the parental leaves must not exceed 78 weeks when the parental leave is not shared. In this scenario, employees do not need to give two weeks’ notice. Do not rely on this website for legal advice. Since parental leave can follow maternity leave, you can apply for both benefits at the same time. When you’re on maternity leave in Ontario or parental leave, you’re on Employment Insurance (commonly known as EI) which pays up to 55% of your earnings, to a maximum of $573 a week (As of August 1, 2020). Any “parent” who has been employed by an employer for 13 weeks is entitled to parental leave in Ontario. Mat leave if 17 weeks. Welcoming a new member of the family can bring concerns regarding career advancement and employment status. Parental leave in Ontario is for both parents, whereas Pregnancy Leave (which some people call maternity leave) is only for birth mothers. Unlike regular EI, you can still receive maternity and parental benefits while outside Canada. 18 months leave is 33% of your pay. Some people even use the money to pay off their debt. How long is maternity leave? A maximum of 15 weeks of EI maternity benefits is available. There are four main types of leave an employee can take in Ontario: Vacation days – Paid vacation time that every employee in Ontario is entitled to. Im not asking for me, i'm just curious. In Ontario, for example, the pregnant person can get a maximum of 17 weeks of unpaid time off work before the baby is born. Rather, fathers take Parental Leave. This even applies to people who aren’t Canadian citizens. Plus, there is no obligation. Fortunately, there are government programs that provide financial assistance to people who qualify. opportunities should not be denied because of pregnancy or intention to take Who Can Get It. In this regard, employees can abruptly take Parental Leave and wait two weeks to tell the employer they are on Parental Leave. In Québec, pregnant employees are entitled to a maternity leave without pay of a maximum duration of 18 continuous weeks. EI special benefits for self-employed people, How much does it cost to go to Tokyo Disneyland, Planning a Trip to Disney World on a Budget, You’re pregnant or have recently given birth when applying for maternity benefits, You’re a parent with a newborn or newly adopted child when applying for parental benefits, Your weekly earnings have decreased by more than 40% for at least one week, You have accumulated 600 insured hours of work in the 52 weeks before the start of your claim or since the start of your last claim (whichever is shorter), A minimum of 12 months must have passed since your confirmed registration, The time you spend on your business has decreased by more than 40% for at least one week because you’re pregnant, have recently given birth, or you’re caring for your newborn or newly adopted child. What is the Difference between Parental Leave and Pregnancy Leave? Question. For example, if someone is terminated from work years down the road, their time on Parental Leave would be considered employment. Important notice: If your child was born or placed with you for the purpose of adoption on or after March 17, 2019, and you share Employment Insurance parental benefits with another parent, you may be eligible for:. To qualify, you must have been working for your employer for at least 13 weeks before your due date. The choice to not renew a fixed-term contract must not be discriminatory. And mothers may start maternity leave up to 12 weeks before the baby is born. Jeff is a frequent lecturer on employment law and is the author of an employment law textbook and various trade journal articles. What are EI parental benefits Employees must take their maternity leave all at once. That means they would give you an additional 25% of your pay on top of the 55% you’re getting from EI. I’m unsure how benefits work now that I’m permanent. So it’s the same in every province. Maternity Leave Canada 2018 – Credit goes to Canadians Prime Minister Justin Trudeau, Made Promised while a campaign to Increased The Maternity Leave from 12 Month to 18 months in Canada.Many Parents believed in Justin Trudeau’s Promise & voted for him, are now planning for their leave. Rather, the Canada Labour Code applies to these employees. As this type of leave is unpaid, it is also worthwhile speaking with your employer about whether you qualify for … How long are you required to 'hold' an employee's job when they're on sick leave? Keep reading to understand everything there is about maternity leave in Ontario. Unpaid leave of up to 17 weeks is provisioned under the ESA. There is no split or combination or formula for how long both parents can take Parental Leave. The Ontario Employment Standards Act allows pregnant employees to take up to 17 weeks of unpaid pregnancy leave. The amount you will receive depends on the details of your application. Are there programs to pay employees while on leave? In Ontario, both parents of a new child are eligible for unpaid maternity/parental leave, over and above the pregnancy leave offered to birth mothers. If the employee is on a fixed term contract and it ends, and it’s not renewed while they are on unpaid Parental Leave, they’re not entitled to return to the job. Parental leave in Ontario is for both parents, whereas Pregnancy Leave (which some people call maternity leave) is only for birth mothers. Employees in Ontario are entitled to (1) a leave of absence called Parental Leave and (2) money from the government called EI during that leave. Related: Are you truly an independent contractor? 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